Legal Opinion

United States v. Green

District Court, District of Columbia

Decided September 8, 1971No. Crim. 1003-71PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LEONARD P. WALSH, District Judge.

The defendant is charged with violations of the narcotic laws, 21 U.S.C. § 174 and 26 U.S.C. § 4704(a). She has moved to suppress the physical evidence seized pursuant to Magistrate’s Search Warrant No. Dll-354-71 CR., on the grounds that the warrant was executed in the night time in violation of 23 D.C. Code 523(b).

Section 23-523(b) 1 of the D.C.Code permits a night time execution of a search warrant if, and only if, there is an express authorization therefor pursuant to section 23-521 (f) (5). The latter section permits an authorization…

2Cited by9 opinions

  1. United States v. ThomasDistrict of Columbia Court of Appeals · 1972
  2. In re L. J. W.Court of Appeals for the D.C. Circuit · 1977
  3. Thomas v. United StatesSupreme Court of the United States · 1972
  4. United States v. Lonnie Gooding, United States of America v. Leon F. BarnettCourt of Appeals for the D.C. Circuit · 1973
  5. State v. MarkoOhio Court of Appeals · 1973

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